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PAGE THREE <br />SUBJECT: UPDATE/DISCUSSION – BOARD OF ADJUSTMENT (BOA) <br />DATE: MAY 10, 2011 <br />irregularity, narrowness or shallowness of lot, or exceptional <br />topographical or other physical conditions peculiar to the affected <br />property. <br />2. That the unusual circumstances or conditions do not exist throughout <br />the neighborhood or district in which the property is located. <br />3. That because of such physical circumstances or conditions, the <br />property cannot reasonably be developed in conformity with the <br />provisions of this title. <br />4. That such unnecessary hardship has not been created by the <br />applicant. <br />5. That the variance, if granted, will not alter the essential character of the <br />neighborhood or district in which the property is located, nor <br />substantially or permanently impair the appropriate use or <br />development of adjacent property. <br />6. That the variance, if granted, is the minimum variance that will afford <br />relief and is the least modification possible of the provisions of this title <br />which are in question. <br />The Board has discussed modifying this section of the LMC to allow for greater flexibility in the <br />review of variance requests. The Board members would like to discuss some potential <br />modifications at the study session. The attached letter from BOA chairman Erik Jasiak <br />provides an overview of some of the issues he identifies with the criteria for approval, as well <br />as a proposed process for amending the criteria. <br />ATTACHMENTS <br />1. Letter from BOA Chairman Erik Jasiak <br />4 <br /> <br />